Fenway Enterprises 1271 Boylston Street LLC v. Hard Rock Caf 00e9 International (USA), Inc. (19-cv-11998).

  • September 24, 2019

Fenway Enterprises runs the 201cVerb 201d Hotel, a retro, music-themed hotel located just outside of Fenway Park that opened in 2014.

As is mentioned on its website, the name for the hotel was chosen as a shortened form of the musical term 201creverb, 201d as well as for signifying action.

Fenway asserts that Hard Rock 2019s planned launch of a series of musical themed hotels under the name 201cReverb 201d will infringe its federally-registered 201cVERB 201d mark for hotel services, as well as its common law rights in the mark. Hard Rock has filed intent-to-use applications for 201cReverb 201d and 201cReverb by Hard Rock 201d for hotel, restaurant, bar and casino services, and already has a website devoted to the new hotel chain, www.reverbhotels.com. Fenway Enterprises asserts that its hotel 2019s success hinges on the authenticity of its hotel, which would be harmed by association with the Hard Rock 2019s 201cglitzy, overstated chain hotels, 201d expressly citing a giant, guitar-shaped hotel to be opened by the Hard Rock in Florida that has earned the description 201cmonstrosity that has offended nature itself. 201d Fenway Enterprises further cites the reality television show Rehab: Party at the Hard Rock Hotel as associating the Hard Rock brand with drinking, drug abuse and debauchery. Fenway says that Hard Rock was notified of the Verb Hotel in March, but has thus far refused to rebrand the planned REVERB hotel franchise. In addition to trademark infringement, Fenway asserts violation of Ch. 93A, although it may have difficulty proving that the acts complained of occurred substantially within the Commonwealth 2013 the first REVERB hotel is planned for Atlanta, with a second to follow in California.

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